Implementation of PSTM Act contrary to its spirit: Court

A division bench comprising Justices MM Sundresh and S Ananthi stated that the board ought to have followed the method adopted by Tamil Nadu Public Service Commission while implementing the Act.
For representational purposes
For representational purposes

MADURAI: The Madurai Bench of Madras High Court expressed that the procedure adopted by the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) while applying the 20 per cent reservation or preferential treatment given to PSTM (persons studied under Tamil medium) candidates in the recent Sub Inspectors recruitment is prima facie (on the first impression) contrary to the enactment of the PSTM Act (Act 40 of 2010).

A division bench comprising Justices MM Sundresh and S Ananthi stated that the board ought to have followed the method adopted by Tamil Nadu Public Service Commission (TNPSC) while implementing the Act. "The objective of the government is laudable but if you really want to help a person who studied under Tamil medium then your help must be holistic. You cannot dilute the benefits by applying the reservation only at the final stage as it amounts to forcing PSTM candidates to compete with other candidates," the judges orally observed.

Even according to the order passed by an earlier division bench, which was relied upon by the government, preference should be given only if the persons who are considered are identically situated, the judges further added. Seeking a response from the government on the views expressed by them, the judges adjourned the matter to January 22.

The judges made the observations while hearing a batch of petitions filed by some candidates challenging the recruitment alleging poor implementation of PSTM provisions.

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